VidhiSangh

Supreme Court of India · 03/07/2018

UNION OF INDIA & OTHERS versus COL RAN SINGH DUDEE

[2018] 5 S.C.R. 93 · 2018 INSC 576

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Summary

The Supreme Court set aside Armed Forces Tribunal orders favouring selection promotion for an officer whose court-martial proceedings had been annulled. Consequential benefits did not automatically confer promotions dependent on comparative merit. The Selection Board had assessed his whole profile and found him unsuitable for selection as Colonel; the Tribunal could not substitute its assessment by isolating his better overall confidential-report grading. Its award of Rs. 5 lakh costs was also set aside.

Issues

  1. Whether consequential benefits following annulment of court-martial proceedings included automatic selection promotion to ranks reached by juniors.
  2. Whether the Tribunal could overturn the Selection Board’s cumulative assessment by relying on one favourable grading or disregarding an earlier reprimand.

Provisions considered

Held

Result

Both appeals allowed; Tribunal judgments dated 17 January and 12 September 2017, including the Rs. 5 lakh costs award, set aside. No order as to costs.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 93.